PMLA - Curious Case of 'Schedule Offense' and Section 120B of IPC Criminal Conspiracy - Pavana Dibbur Case
In a recent judgement, the Supreme Court quashed PMLA proceedings against D K Shivakumar relying on an earlier order passed in November 2023 in the case of Pavana Dibbur. So what was the Pavana Dibbur Case : CASE ANALYSIS PAVANA DIBBUR -Vs- DIRECTORATE OF ENFORCEMENT CRIMINAL APPEAL NO. 2779 OF 2023 Issues at hand: 1. 1. Whether the name of the appellant not being included in the charge sheet make him a part of the offence under the Prevention of Money laundering Act? 2. 2. Whether the properties purchased by the accused persons are covered under the definition of proceeds of crime? 3. 3. Whether an offence under section 120B IPC can be treated as a scheduled o ffence even if the criminal conspiracy alleged is to commit an offence which is not a part of the schedule and whether section 3 of PMLA can be attracted after the commission of the schedule offence? FACTS OF THE CASE: The Appellant had been charged in a complaint filed by the ED ...